Sandy Springs Commercial Vehicle Accident Lawyer

Commercial Vehicle Accident Attorney in Sandy Springs, GA

Serious accidents with company trucks, delivery vans, and fleet vehicles can leave victims with long-lasting medical and financial hardships. A Sandy Springs commercial vehicle accident lawyer from Hall & Lampros, LLP can advocate for clients injured in a collision caused by a business or corporate driver’s negligence. 

Commercial truck and SUV accidents on GA-400, I-285, and Roswell Road frequently raise issues involving employer liability, company safety policies, and high-limit insurance policies. When a business vehicle is involved in an accident, identifying the proper parties who are legally responsible for the injuries and damages requires a strategic and meticulous review of the facts.

Hire a Commercial Vehicle Accident Lawyer

Hall & Lampros, LLP has over 60 years of combined experience in handling personal injury cases in Georgia. Investigations in commercial vehicle accidents may include the driver as well as the employer’s safety records, training, maintenance records, and insurance coverage of the employer. 

We handle cases in Sandy Springs and throughout the state in which business-owned vehicles are involved in accidents, causing significant injuries. These cases often involve significant damages and contested liability issues and must be thoroughly prepared and pursued through litigation if necessary to hold the appropriate parties accountable.

Employer Liability and Respondeat Superior in Georgia

Georgia businesses can be held legally responsible for commercial vehicle crashes caused by their drivers. In most cases, an employer may be found liable for a worker’s negligent behavior under the doctrine of respondeat superior. If the driver was working and acting within the scope of their employment when the accident occurred, the employer could be held liable for damages. 

In some cases, liability for the commercial driver may be contested. Drivers may be considered employees or independent contractors. In addition to vicarious liability for the actions of their drivers, corporations may also be directly liable for negligent hiring, training, or supervision.

A business that does not screen drivers or fails to properly monitor employee driving records may be found negligent in hiring or supervision. Employment records and company policies are typically scrutinized in this type of claim.

Federal and State Safety Regulations Governing Commercial Vehicles

Commercial motor vehicles must also follow a host of other safety standards. The FMCSA sets the standards for driver qualifications, work hours, vehicle checks, and upkeep. FMCSA violations can be used as evidence of negligence. There were 503,000 police-reported crashes involving large trucks in 2022. In 2023, 5,472 people were killed in traffic crashes involving large trucks.

Georgia also regulates the operation of commercial vehicles by drivers. Georgia’s traffic laws under Title 40 apply to commercial drivers operating within the state. Determining adherence to federal safety regulations, as well as Georgia law, is often an important part of commercial accident litigation.

Types of Commercial Vehicles Common in Sandy Springs

Delivery trucks, utility service vehicles, construction trucks, fleet vans, and tractor-trailers traveling GA-400 and I-285 are a common sight in Sandy Springs. The longer stopping distance required for larger vehicles, along with a wider blind spot, creates a higher risk of more serious collisions in congested roadways. 

The Georgia Governor’s Office of Highway Safety reported 117 multi-vehicle fatal crashes involving large trucks throughout the state in 2023. The disparity in size and weight between passenger cars and commercial vehicles typically results in more serious injury.

Evidence Preservation and Corporate Records in Commercial Crash Cases

Motor vehicle collision cases involving commercial vehicles often have documents in addition to a crash report. Potential sources of evidence may include electronic logging device records, driver qualification files, inspection records, maintenance records, GPS tracking data, and company internal safety policies. 

Companies that own and operate commercial vehicles are sometimes required to maintain these records as part of federal motor carrier regulations. These documents may need to be preserved in a timely manner, especially with regard to electronic data and paper records that may be overwritten or discarded. Early investigation can assist in uncovering any regulatory, maintenance, or internal policy violations that may have played a role in the crash.

FAQs

How Is a Commercial Vehicle Accident Claim Different From a Regular Car Accident Case?

A commercial vehicle accident claim can involve higher limits of insurance and corporate counsel. Many businesses are insured under commercial liability policies, which provide different coverage than a personal auto policy. 

Additionally, there may be multiple defendants, including the driver, the employer, and third parties responsible for vehicle maintenance or loading of cargo. The involvement of a corporate party can make the settlement negotiations more complicated than a typical passenger vehicle case.

Can a Claim Be Filed Against a Business Directly After a Commercial Vehicle Crash?

Yes, a claim can be filed against a business directly if the driver was working within the scope of employment at the time of the accident. In addition to vicarious liability, a business may be sued for negligent hiring, retention, or supervision if the business failed to adequately screen or monitor the driver. Corporate policies and internal practices may be directly at issue.

What If the Commercial Driver Was Off Duty at the Time of the Accident?

If a commercial driver was off duty and using a company vehicle for personal use, liability may depend on the circumstances. The courts may consider whether the driver was within the scope of employment or engaging in a substantial deviation from job-related activities. Insurance coverage may also come into question for non-work-related use of a vehicle.

How Long Do I Have to File a Commercial Vehicle Accident Legal Claim in Georgia?

A: In Georgia, most personal injury claims resulting from a commercial vehicle collision must be initiated within two years, as per O.C.G.A. § 9-3-33. The countdown for this period typically starts on the date of the accident. Should a claim not be filed within this time, the court may bar the claim. Exceptions can apply in situations such as government-related claims or cases with delayed injury discovery, which may alter the deadlines.

Contact a Sandy Springs Commercial Vehicle Accident Lawyer

Commercial vehicle accidents can involve intricate liability and major damage. Hall & Lampros, LLP advocates for the injured in Sandy Springs and all over Georgia. We provide free case evaluations to discuss your legal rights. Schedule a consultation today to hire a commercial vehicle accident lawyer.